142AOther Crown land to be designated for approved project

142A Other Crown land to be designated for approved project

(1) The Project Minister may recommend to the Governor in Council that certain Crown land in the project area be designated for the purposes of an approved project.

(2) Subsection (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978.

(3) On receiving the Project Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may designate the Crown land for the purposes of the approved project.

(4) Land that is designated under subsection (3) is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the approved project.

S. 142A(5) amended by No. 43/2021 s. 171(1).

(5) The reservation of land under subsection (4) may be amended, revoked or otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978 or any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.

(6) An Order made under subsection (3) is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

S. 142A(7) inserted by No. 43/2021 s. 171(2).

(7) On publication of an Order designating land under subsection (3), the land is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests, unless the Order expressly provides otherwise.

S. 142A(8) inserted by No. 43/2021 s. 171(2).

(8) Unless the Order under subsection (3) expressly excludes the operation of this subsection, if any part of the land is or is being used as a road—

(b) all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.

S. 142A(9) inserted by No. 43/2021 s. 171(2).

(9) Unless the Order under subsection (3) expressly excludes the operation of this subsection, if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.

S. 142A(10) inserted by No. 43/2021 s. 171(2).

(10) This section has effect despite anything to the contrary in section 175A of the , section 10 of, or clause 1 of Schedule 5 to, the or any other Act (other than the ).